Ex Parte Welsher

This is an original proceeding in habeas corpus. Petitioner alleges, in substance, that he is unlawfully restrained by the sheriff of Muskogee county on a charge of murder, wherein petitioner is accused of causing the death of one Bertha Cottingham while he was engaged in the commission of a felony in driving an auto mobile while intoxicated. That the proof of his guilt is not evident, nor the presumption thereof great.

After commitment for a capital offense by an examining magistrate, the burden is on one seeking bail to show facts entitling him to bail, unless such appear from the evidence…